Acessibilidade / Reportar erro

Right to land in Portuguese America: indigenous petitions and coletive donation of sesmarias in the captaincy Ceará (18th century)

Abstract

This article aims to contribute with the understanding of how the periphery of the Portuguese Empire was occupied during the late XVII and first half of the XVIII century. Taking into account how the Portuguese legal literature ruled lands and the writ of petition, particularly to “persona miserabile”, we discuss a case in which indigenous people from the Captaincy of Siará Grande petitioned to the Ultramarine Council to demand the concession of lands over the mountains in the west side of this territory. Examining the documents of the Historical Ultramarine Archive (AHU) and focusing in the arguments of the petitioners and the decision of the Crown, we realize that some indigenous groups were faced as vassals of the Portuguese king and therefore received the title over these lands.

Keywords:
Legal History; Lands; Indigenous people

Programa de Pós-Graduação em Direito da Universidade Federal de Santa Catarina Centro de Ciências Jurídicas, Sala 216, 2º andar, Campus Universitário Trindade, CEP: 88036-970, Tel.: (48) 3233-0390 Ramal 209 - Florianópolis - SC - Brazil
E-mail: sequencia@funjab.ufsc.br